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The Progressive Lawyer: Pretrial and Trial Strategies for Family Law Cases Image

The Progressive Lawyer: Pretrial and Trial Strategies for Family Law Cases

Curtis J. Romanowski

One of the greatest opportunities for immediate improvement in the practice of matrimonial law lies in the cultivation of the binocular mindset. Binocularity involves the balancing of the settlement mindset with the trial mindset. This balancing occurs even in situations in which the practicing attorney has no intention of ever going to trial.

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The FTCA and the Payment of Tort Damages Image

The FTCA and the Payment of Tort Damages

Janice G. Inman

Federal government attorneys recently unsuccessfully attempted to convince a Federal District Court and the U.S. Court of Appeals for the Fifth Circuit to rewrite the terms of the Federal Tort Claims Act ('FTCA') to allow the creation of a reversionary trust rather than give a lump-sum award to pay for a medical malpractice plaintiff's future medical expenses.

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NJ Panel Finds Civil Union Partners Often Treated As Second-Class Image

NJ Panel Finds Civil Union Partners Often Treated As Second-Class

Charles Toutant

New Jersey's year-old Civil Union Act has failed so far to convey to registered same-sex couples the rights and privileges of marriage, a state commission reported on Feb. 18.

Features

Wining and Dining Foreign Officials: What's OK and What's a Crime Image

Wining and Dining Foreign Officials: What's OK and What's a Crime

David S. Krakoff & James T. Parkinson

In December 2007, Lucent Technologies Inc. secured a non-prosecution agreement from the Department of Justice and settled an enforcement action with the SEC for conduct related to travel and entertainment expenses incurred on behalf of Chinese government officials and for the manner in which these expenses were booked. The Lucent settlement adds to a number of existing guideposts regarding permissible interactions with foreign officials under the Foreign Corrupt Practices Act. This article examines the Lucent settlement, prior FCPA enforcement activity related to travel and lodging, and offers some practical advice for compliance counsel.

Features

Exploring the Substantial-Similarity Test in Suits Alleging Breach of Implied Contract Image

Exploring the Substantial-Similarity Test in Suits Alleging Breach of Implied Contract

Stan Soocher

Copyright-infringement cases alleging that a defendant improperly used a plaintiff's work for a movie or TV show often hinge on whether there's substantial similarity between the litigating parties' works. But substantial similarity plays a role in breach-of-implied-contract cases alleging defendants based their film or show on a plaintiff's work. A recent ruling by the California Court of Appeal serves as an informative review of California case law in this legal area and its current application.

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Think You Know What Constitutes Good Cause? Image

Think You Know What Constitutes Good Cause?

Kevin C. McCormick

Many employers believe that since they make the first call as to whether cause exists, that is the final call. However, as demonstrated by the jury verdict in a recent Maryland trial, it is the jury, not the employer, that gets to make the final call as to whether cause exists. <i>Kinsbourne, et al. v. 180's LLC.</i>

Features

DOL's New Proposed FMLA Regulations: They Help Employers, But Is It Enough? Image

DOL's New Proposed FMLA Regulations: They Help Employers, But Is It Enough?

Marisa Hudson-Arney & Danielle Kitson

Since the Department of Labor's regulations implementing the Family and Medical Leave Act of 1993 were first issued in 1995, they have caused a degree of consternation for employers navigating some of their more confusing aspects, and grappling with employee abuse. In an effort to add clarity, the DOL published new proposed changes to the regulations on Feb. 11, 2008. The proposed regulations clarify some uncertainties, but many remain.

Features

Blogs Are Afforded Unequal Protection Image

Blogs Are Afforded Unequal Protection

Jonathan Bick

The U.S. Supreme Court created a bit of a problem when it ruled that commercial speech is entitled to limited First Amendment protection, but failed to clearly identify what commercial speech is. So, it often comes down to this: If a business elects to engage in a debate on important social issues, its principals ' and counsel ' have no way of knowing the level of constitutional protection that speech will receive. This issue is becoming especially important to owners of blogs.

Features

Truck Leasing in a Down Economy: How to Prepare Image

Truck Leasing in a Down Economy: How to Prepare

Edward Castagna

The apparent downturn of the economy is currently most prevalent in the trucking sector, which saw a dramatic increase in repossessions and liquidations in the past year. This article discusses strategic options for lessors.

Features

Business Incentives in the Economic Stimulus Act of 2008: A Welcome Boost for the Leasing Industry Image

Business Incentives in the Economic Stimulus Act of 2008: A Welcome Boost for the Leasing Industry

Bill Bosco

This article explains the terms of the Economic Stimulus Act of 2008 that impact the leasing industry, explains how the terms in the act are likely to affect leasing companies, and explains how leasing companies can benefit from them.

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